Minister of Employment and Labor Kim Young-hoon answers questions submitted in advance by reporters at a luncheon with the press corps at the Government Complex Sejong cafeteria on Wednesday. [Ministry of Employment and Labor]
Minister of Employment and Labor Kim Young-hoon answers questions submitted in advance by reporters at a luncheon with the press corps at the Government Complex Sejong cafeteria on Wednesday. [Ministry of Employment and Labor]

Minister of Employment and Labor Kim Young-hoon said Wednesday that the government would seek common ground with labor through social dialogue as it pursues a special act for mega special zones that includes labor flexibility measures. "A reasonable alternative must be found," he said.

Kim also said the ministry would soon release interpretive guidelines clarifying the scope of labor disputes under the so-called yellow envelope law — amendments to Articles 2 and 3 of the Trade Union Act. He announced plans to establish a dedicated training institute for labor inspectors to prepare for an independent investigation system following the abolition of prosecutors' authority to direct special judicial police investigations.

Speaking at a luncheon with the press corps near Government Complex Sejong on Wednesday, Kim said no government policy on the mega special zone special act had been finalized and that discussions were still being developed. "We will consult within the ministry and communicate fully with labor as well," he said.

Kim was notably cautious about the controversy surrounding labor flexibility proposals, including working-hour exemptions for research and development personnel. "Even during the semiconductor special act debate, there were claims that the 52-hour weekly limit had to have exceptions, but the industry has been growing without them," he said. "There is no need for this issue to drag on like a ritual dispute."

He added that while differences between labor and management could not be eliminated, a reasonable alternative grounded in the facts could be found. "Since the two major umbrella unions have proposed a presidential meeting and social dialogue, we will proceed with consultations with labor," he said.

The remarks appeared to reflect awareness of growing labor opposition after the ministry recently briefed the Democratic Party of Korea on a draft special act for mega special zones. The draft included a so-called white-collar exemption that would exclude the top 3 percent of earners by income — including managers and R&D workers — from working-hour regulations.

Labor groups have demanded the proposal be withdrawn, arguing it would encourage overwork and roll back labor standards.

Kim said the ministry would also soon provide specific interpretive criteria for the scope of labor disputes, which has become a contentious issue since the yellow envelope law took effect.

"Some may think the president's instruction means to amend the Trade Union Act, but that is a misunderstanding," he said. He reaffirmed that the ministry's position is that the pursuit of mega special zones itself is not a mandatory subject of collective bargaining. "A business management decision alone does not give rise to a bargaining obligation," he said.

However, he said that if large-scale layoffs or changes to working conditions were involved in the process, consultation would naturally be required. "We will prepare specific interpretive guidelines to reduce confusion on the ground and release them soon," he said.

The ministry's move to clarify the boundary between management prerogatives and bargaining rights comes as controversy over the scope of management decisions and labor disputes continues. Most recently, a Samsung Electronics cross-enterprise union announced it would place the Honam semiconductor mega-project on the agenda for next year's collective bargaining, citing the yellow envelope law.

Kim also outlined measures to strengthen the capacity of labor inspectors following the abolition of prosecutors' authority to direct special judicial police investigations.

"Labor inspectors must now independently decide whether to open and close investigations, and branch office directors must take on the role previously played by prosecutors," Kim said. He added that the ministry had proposed to the Ministry of Interior and Safety the establishment of a dedicated training institute for labor inspector investigations and had received approval for the organizational structure.

The plan calls for a dedicated training center with 24 staff to be set up next year, with the center to be expanded over the long term into a full training institute for labor inspectors. The ministry said it would systematize instruction in investigative techniques and law to build the expertise needed for the independent investigation system.


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